RUTANG CORP., A FLORIDA CORPORATION, APPELLANT,
v.
MIAMI FINANCE CORP., A FLORIDA CORPORATION, APPELLEE

Fla. 3d DCA | 1959-03-17
No. 58-487
CARROLL, CHAS., C. J., and HORTON and PEARSON, JJ., concur.
109 So. 2d 783 Florida District Court of Appeal, Third District (1959) Caution
Cited by 13 cases

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Synopsis

The appellate court affirmed a lower court's decision, finding substantial evidence supported the chancellor's ruling that a transaction was a valid loan and not a disguised sale tainted with usury. The court found no errors of law.


Holding

No, the trial court did not err. There was substantial evidence to support the chancellor's findings, and no errors of law were made to appear.


Key Quotes

“A review of the record in the light of' the briefs and arguments reveals there was substantial evidence to support the chancellor's finding.”

This quote establishes the appellate court's basis for affirming the lower court's factual findings.

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Facts & Procedural History

Rutang Corp. (appellant) sought to have a transaction declared a loan rather than a sale of assets. The parties had labeled it a sale. The trial court…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The plaintiff sought to have the chancellor declare a certain transaction, a loan rather than a sale of assets as it had been labeled by the parties. The trial court determined the issue at trial adversely to the plaintiff. Three assignments of error are .argued:

“1. The court erred in entering the Final Decree the 29th day of May, 1958, and recorded in Chancery Order Book 1340, page 481.
“2. The court erred in finding the equities of the cause to be with the Defendant and against the Plaintiff.
“3. The court erred in finding that the contract, agreement and dealing between the parties were valid and lawful and not tainted with usury.”

The appellant has urged that we should reverse the chancellor’s finding. A review of the record in the light of’ the briefs and arguments reveals there was substantial evidence to support the chancellor’s finding. No error of law has been made to appear.

Affirmed.

CARROLL, CHAS., C. J., and HORTON and PEARSON, JJ., concur.


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Citator

Cited By

  • LEE Cnty. Elec. Coop., Inc. v. Cook, 604 So. 2d 911 (Fla. 2d DCA 1992)
    …ed in s. 366.093. . Disclosure of records under a clear statutory entitlement or at common law is typically obtained through a petition for writ of mandamus. See Mills v. Doyle, 407 So. 2d 348 (Fla. 4th DCA 1981); State ex rel. Fussell v. McLendon, 109 So. 2d 783 (Fla.3d DCA 1959). . Injunctive relief, unlike mandamus, typically requires a petitioner to establish irreparable harm. At this hearing, the cooperative argued that the cooperative members had to establish irreparable harm in order to obtain the re…
  • Computer Solutions, Inc. v. Gnaizda, 633 So. 2d 1100 (Fla. 3d DCA 1994)
    …he statutory requirements had been satisfied. This court has held that a proper purpose for a shareholder inspection of records is (among [*1102] other things) “to ascertain the value of the [shareholder’s] stock_” State ex rel. Fussell v. McLendon, 109 So. 2d 783, 786 (Fla. 3d DCA 1959). The requested records have been described with particularity. The records are directly connected to the stated purpose. CSI argues, however, that the trial court could not order any document production more expansive than t…
  • …nts appeal therefrom. We initially reviewed respondents first two points on appeal and have 'determined that no reversible error has been made to appear therein. See Rahn v. State, 137 Fla. 692, 188 So. 584 (1939); State v. McLendon, Fla.App. 1959, 109 So. 2d 783 and Liebman v. State, Fla.App.1962, 136 So. 2d 645 and cases cited therein. As to appellants’ point III, we find that some merit has been presented therein with respect to their contention that the writ of mandamus permitting inspection of virtuall…

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